Off-Duty Cops, Other Officials Face Persecution After Rallying for Trump In D.C

today01/14/2021 8

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Off-Duty Cops, Other Officials Face Persecution After Rallying for Trump In D.C

Via Reuters:

As rioters scaled scaffolding outside the U.S. Capitol, Roxanne Mathai held up her cell phone to record the sea of supporters of President Donald Trump storming America’s bastion of democracy.

“We’re going in,” said the 46-year-old Texas jailer, “tear gas and all.”

Mathai, a jail lieutenant and 8-year veteran of the Bexar County Sheriff’s Office, approached the Capitol steps last Wednesday as rioters in front of her breached barricades.

Wearing a red, white and blue face mask with a Trump flag hanging from her back, she posed for selfies. “Not gonna lie,” said the mother of three on her Facebook page, “aside from my kids, this was, indeed, the best day of my life.”

The next morning, her boss reported her to the Federal Bureau of Investigation, which was seeking information on any participants in the Jan. 6 insurrection that left five people dead, including a Capitol police officer. Bexar County Sheriff Javier Salazar said Mathai also was placed on unpaid leave pending results of a separate investigation into her involvement.

“I was oblivious to everything,” including the violence, Mathai told Reuters on Tuesday. “I was watching everything as a spectator.” She said she was bound by a confidentiality order that prohibited further comment.

From off-duty police to firefighters, state lawmakers, teachers, municipal workers and at least one active-duty military officer, dozens of public servants from across the United States joined the protests in Washington that turned into a siege on the U.S. Capitol. The mob’s violent effort aimed to block Congress’ certification of Joe Biden’s election as president.

Since returning home, many have confronted harsh criticism from angry constituents or employers – often because of their own posts on social media.

At least 50 elected officials and others in public sector jobs are facing internal inquiries or investigations that, in some cases, have resulted in temporary suspensions pending investigations, based on a Reuters examination of public statements, news reports and video footage.

At least two Capitol police officers have been suspended and more than a dozen others are under investigation for alleged dereliction of duty or aiding or abetting rioters.

For some public employees caught on video or social media rioting inside the Capitol, the consequences have been swift, including arrests and job termination. Two off-duty police officers from Virginia faced criminal charges Wednesday after posting a picture of themselves on Jan. 6 in front of the Capitol’s statue of John Stark and bragging about their behavior, according to a criminal complaint filed in federal court in the District of Columbia.

“The right in ONE DAY took the f—— U.S. Capitol,” one wrote.

Many other people, whether inside or outside the building, face a mix of hard scrutiny, investigations, job suspensions and public outcry. Their employers are grappling with whether they violated policies, whether they should be censured or fired and whether their free speech rights were superseded by their duty to serve the public good.

Some of those who faced backlash did not attend the Washington, D.C., rally where Trump gave an hour-long speech reiterating his baseless claims of voter fraud – but they did offer public support. Some said they were exercising their right to free speech and assembly under the U.S. Constitution.

For government employees, the First Amendment offers broad safeguards. But the amendment does not apply to criminal actions, said David Snyder, executive director of the First Amendment Coalition, who is a lawyer and former journalist.

“You don’t get to throw a trash can through a store window because that store window was along a demonstration path,” he added.

If government workers are at a protest and not acting in an official capacity or engaging in criminal activity, then the government is limited by the First Amendment in its response in ways that private sector employers are not, Snyder said. But determining if an employee is in an official capacity can sometimes be hard to answer.

“On social media in particular, it can be muddy on what constitutes official capacity,” he said.

For members of the military, First Amendment rights can be restricted more than for civilians.

Public backlash can be harsh for anyone who attended the rally.

For instance, two Pennsylvania teachers, one from Allentown and the other from the Susquehanna Township, posted images from the rally on social media. Reuters found no evidence that they entered the Capitol building or its surrounding grounds, or were engaged in other unlawful activity.

Both have been placed under investigation, according to local news reports and statements from the school districts where they work, and the Allentown teacher has been suspended.

The Allentown teacher could not be reached for comment, and the Susquehanna Township teacher said he was unavailable on Wednesday.

Both school districts emphasized their staffers’ First Amendment rights in the formal statements.

“It is important to understand that as a governmental employer the school district must abide by all of the provisions of the U.S. Constitution,” the Susquehanna Township School District wrote on Facebook.

The post gathered hundreds of comments, many from angry community members. An online petition to fire the teacher has gathered more than 5,600 signatures.

In response, the township’s superintendent, Dr. Tamara Willis, released a video statement more sympathetic to petitioners. “Our initial statement appeared to ignore the deeply divisive nature of the personnel matter,” she said. “However, I assure you that it was in no way designed to ignore the gravity of the events that occurred.”

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